Quote:
|
Originally Posted by Liesl
Media Law Project
--------------------------------------------------------------------------------
this is my assignment... i would appriciate some help on it.
Assume that Mr Smith has formed a political party known as PLP. In a political rally held in P.E, Mr Smith used the slogan "Kill the boer, kill the farmer" One of Mr Smith's political allies is Mr Human. It so happens that the Eastern Cape Legislature who also originates from P.E and whose name is also Mr Human, (not related to the other Mr Human)
An inexperienced reporter, Lauren Lee, covered the rally for a newspaper. She reported on the use of the slogan by Mr Smith and reported futher that the rally was attended by the speaker of the Eastern cape legislature, Mr Human who was seen to be loudly applauding Mr Smith during the address.
The speaker had recently been reprimanded by the Premier of The Eastern Cape for making statements concerning land reform which were at odds with party policy. a fact that had been reported in Laurens newspaper a week before.
As a result from Laurens report, the speaker has been suspended from his party pending an investigation. the speaker has since sued Lauren and the newspaper for defamation.
1. Is Mr Human's speech constitutionally protected
2. Is the speakers claim for defamation likely to be successful
3. what defences can be used by the newspaper and Lauren.
|
Not sure I understand as the problem is a little confusing for mr But I'll try and if I misunderstand please explain...... I just see Mr. Human (the 2nd?) applauding not speaking. And I am assuming this is in the US or a hypothetical country that has US like rights.
It seems to be missing something in the telling.
I assume the rally was a peaceful and legal one (all permits gotten and so on),
1) Yes, Mr. Human's speech(?) actions are covered by the Constitution, he hasn't hurt anyone or threatened anyone and is just exercising his right to speak for change.
2) I didn't read anthing defaming in there. But it has been upheld that you may speak against a politician and the policies he upholds.
3) I really don't see how the newspaper is in any trouble.
Now if this is where the writer and newspaper wrote that Mr. Human 2 was showing support and being all loud but wasn't it was Mr. Human 1 that was.... Then there could be a case, however, the paper could easily run a correction and detail that the writer mistook the to gentlemen and that they appologize for any problems.
As for the party suspension..... the party can suspend anyone and depending on whether he has a large or small chance of re-election it would be rescinded to keep that seat.... or upheld to put someone who can win in.